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Agenda 06/23/2015 Item #17A6/23/2015 17.A. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural Zoning District (A), and a Rural Agricultural Zoning District with an ST Overlay (A -ST), to a Residential Planned Unit Development (RPUD) Zoning District to allow up to 61 dwelling units for a project to be known as the Lido Isles RPUD on property located on the east side of Collier Boulevard at 9130 and 9198 Collier Boulevard in Section 11, Township 50 South, Range 26 East, Collier County, Florida consisting of 24.32± acres; and by providing an effective date [PUDZ- PL20140000393]. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in han-nony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner seeks to rezone 24.32± acres of vacant, undeveloped land zoned Rural Agricultural (A) and Rural Agricultural (A) with an ST Overlay (A -ST) to Residential Planned Unit Development (RPUD). The PUD proposes the development of no more than 61 single- family detached, single - family attached, two - family and single- family zero lot line, townhouse and multi - family residential dwelling units with a density of 2.5 dwelling units per acre. The single- family buildings are a maximum of two stories and will have a maximum zoned height of 35 feet and a maximum actual height of 42 feet. The multi - family buildings will be a maximum of four stories and will have a maximum zoned height of 42 feet and a maximum actual height of 57 feet. Ingress /egress is proposed from Collier Boulevard via a pending agreement to utilize the access road easement that serves the Willow Run RPUD. (Please see Attachment: Roadway Interconnection Agreement and Cost Sharing Agreement.) The Master Plan (please see attachment) depicts the areas of residential and community amenity development, preserve, water management, and traffic circulation. The Master Plan depicts a 15- foot wide utility easement within a 170 -foot wide FPL easement along the eastern property line and an adjacent raw water production well to the west. A pump station is depicted in the southwest portion of the subject site. The Master Plan also shows that 1.64 acres will be lake area, 5.01 acres will be a preserve, 2.26 acres will be right -of -way, 9.34 acres will be residential and amenity area, 3.34 acres are an FPL easement and 2.73 acres will be "other open space." The Master Plan meets the open space requirement of 60 percent. Landscape buffering requirements are met by a 20 -foot wide Type D right -of -way Landscape Buffer adjacent to Collier Boulevard (CR 951) and adjacent to the shared access road easement Packet Page -2943- 6/23/2015 17.A. along the Willow Run PUD property to the north. Along the FPL easement to the east and the Agriculture zoned property to the south, a I 0 -foot wide Type A Landscape Buffer is proposed. FISCAL IMPACT: The PUD rezone by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD rezone is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element contingent upon the companion GMP amendment application first being approved /adopted. A more detailed description of the GMP consistency is contained in the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION• The CCPC heard petition PUDZ- PL20140000393 Lido Isles Residential Planned Unit Development (RPUD) on May 7, 2015, and by a vote of 5 to 0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following stipulations, all of which have been incorporated into the PUD document: 1. Add Bear Management Plan language to Exhibit F: List of Developer Commitments. 2. Add Deviations to the Master Plan. 3. Delete note number 4 from the Master Plan. 4. Strike through the "Platted Residential or Amenity Center Lots" on the Development Standards Table. 5. Relocate the Landscape Buffer Easement out of the Utility Easement LEGAL CONSIDERATIONS: This is a site specific rezone from a Rural Agricultural (A) Zoning District and a Rural Agricultural Zoning District with an ST Overlay (A -ST) to a Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Lido Isles RPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial Packet Page -2944- 6/23/2015 17.A. would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for RPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed RPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case, based on detenmination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern? Packet Page -2945- 6/23/2015 17.A. 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. rn 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II), as amended. Packet Page -2946- 6/23/2015 17.A. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval (HFAC). RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for PUDZ- PL20140000393 Lido Isles Residential Planned Unit Development (RPUD), subject to the CCPC stipulations. Prepared by: Nancy Gundlach, AICP, RLA Planning & Zoning Attachments: 1) Staff Report 2) RPUD Ordinance 3) Roadway Interconnection Agreement and Cost Sharing Agreement 4) Location Map 5) Master Plan 6) Density Map 7) Application/ Environmental Documents/ TIS — go to: http://www.co I I i eroov net /ftp /AgendaJune2315 /GrowthMgmt /Application Lido Isles _5- 26- 15.pdf Packet Page -2947- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. 6/23/2015 W.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural Zoning District (A), and a Rural Agricultural Zoning District with an ST Overlay (A -ST), to a Residential Planned Unit Development (RPUD) Zoning District to allow up to 61 dwelling units for a project to be known as the Lido Isles RPUD on property located on the east side of Collier Boulevard at 9130 and 9198 Collier Boulevard in Section 11, Township 50 South, Range 26 East, Collier County, Florida consisting of 24.32± acres; and by providing an effective date [PUDZ- PL20140000393]. Meeting Date: 6/23/2015 Prepared By Name: GundlachNancy Title: Planner, Principal, Growth Management Department 5/22/2015 3:42:16 PM Submitted by Title: Planner, Principal, Growth Management Department Name: GundlachNancy 5/22/2015 3:42:17 PM Approved By Name: BellowsRay Title: Manager - Planning, Growth Management Department Date: 5/26/2015 12:44:02 PM Name: BosiMichael Title: Division Director - Planning and Zoning, Growth Management Department Packet Page -2948- Date: 5/28/2015 10:22:00 AM 6/23/2015 17.A. Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 5/28/2015 3:40:44 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 5/29/2015 2:11:32 PM Name: Casa] anguidaNick Title: Deputy County Manager, County Managers Office Date: 6/9/2015 8:06:05 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 6/11/2015 8:47:49 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/11/2015 10:33:22 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc. Office of Management & Budget Date: 6/11/2015 1 I :34:12 AM Name: Casa] angui daNi ck Title: Deputy County Manager, County Managers Office Date: 6/13/2015 4:49:28 PM Packet Page -2949- AGENDA ITEM 9 .6/23/201 5 17.A. CO 6v COUnty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 7, 2015 SUBJECT: PETITION PUDZ- PL20140000393, LIDO ISLES RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) APPLICANTIOWNER: Marco Island Group, LLC 206 Dudley Road Wilton, CT 06897 CONTRACT PURCHASER: Lord's dray 30, LLC David E. Torres, Manager 7742 Alico Road Fort Myers, FL 33192 REQUESTED ACTION: AGENT: Mr. Robert J. Mulhere, FAICP Director of Planning Hole Mantes, Inc. 950 Encore Way Naples, FL 34110 The petitioner requests that the Collier County Planning Coniiiiission (CCPC) consider changing the zoning classification of a property from a Rural Agricultural Zoning District (A), and a Rural Agricultural Zoning District with an ST Overlay (A -ST), to a Residential Planned Unit Development (RPUD) Zoning District to allow up to 61 dwelling units for a project to be known as the Lido Isles PPUD. GEOGRAPHIC LOCATION: The 24.32 acre subject property is located on the east side of Collier Boulevard (CR 951) at 9130 and 9198 Collier Boulevard approximately one mile north of Rattlesnal.e- Hammock Road (CR 864), adjacent to Willow Run PUD to the north and east, in Section 11, Township 50 South, Range 26 East, Collier County, Florida. (See the Location Map on the following page.) LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 1 of 17 Packet Page -2950- z O W<1 o �< CL . - lVM- A -LIg1Y '1 V'd'I a a� I- (191 Y4) mnnnrpe W4 M a aq ;.1 x a s a i5 Q (ue 'amI oernarua mmw a � a p LL 3 ri ' v05 al Lox 6/23/2015 17.A. 5 a 2 9 b I 2� 6 -- -- • _.a L1. 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PURPOSE/DESCRIPTION OF PROJECT: The petition seeks to rezone 24.32± acres of vacant, undeveloped land zoned Rural Agricultural (A) and Rural Agricultural (A) with an ST Overlay (A -ST) to Residential Planned Unit Development (RPUD). The PUD proposes the development of no more than 61 single - family detached, single - family attached, two - family and single - family zero lot line, townhouse and multi - family residential dwelling units with a density of 2.5 dwelling units per acre. The single- family buildings are a maximum of two stories and will have a maximum zoned height of 35 feet and a maximum actual height of 42 feet. The multi- family buildings will be a maximum of four stories and will have a maximum zoned height of 42 feet and a maximum actual height of 57 feet. Ingress /egress is proposed from Collier Boulevard via a pending agreement to utilize the access road easement that serves the Willow Run RPUD. (Please see Attachment D: Roadway Interconnection Agreement and Cost Sharing Agreement.) The Master Plan provided on the previous pages of this Staff Report depicts the areas of residential and community amenity development, preserve, water management, and traffic circulation. The Master Plan depicts a 15 -foot wide utility easement within a 170 -foot wide FPL easement along the eastern property line and an adjacent raw water production well to the west. A pump station is depicted in the southwest portion of the subject site. The Master Plan also shows that 1.64 acres will be lake area, 5.01 acres will be a preserve, 2.26 acres will be right -of -way, 9.34 acres will be residential and amenity area, 3.34 acres are an FPL easement and 2.73 acres will be "other open space." The Master Plan meets the open space requirement of 60 percent. Landscape buffering requirements are met by a 20 -foot wide Type D right -of -way Landscape Buffer adjacent to Collier Boulevard (CR 951) and adjacent to the shared access road easement along the Willow Run PUD property to the north. Along the FPL easement to the east and the Agriculture zoned property to the south, a 10 -foot wide Type A Landscape Buffer is proposed. SURROUNDING LAND USE AND ZONING. North: An existing access road within the Will Run RPUD, a recently approved 599± acre PUD with a density of 1.01 units per acre. East: Willow Run RPUD, a recently approved 599± acre PUD with a density of 1.01 units per acre. South: A partially developed property with a vacant restaurant in the northwest corner of the site with a zoning designation of Rural Agricultural Zoning District (A) and a Rural Agricultural Zoning District with an ST Overlay (A -ST) West: 100 -foot wide Henderson Creek Canal right -of -way, then Collier Boulevard (CR 95 1) and then 155.3 acre Homes of lslandia RPUD, with a density of 0.18 dwelling units per acre LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 4 of 17 Packet Page -2953- 6/23/2015 17.A. AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban Mixed Use District, Urban Residential Fringe Subdistrict, as depicted on the Future Land Use Map fFLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). This Subdistrict allows residential development at a maximum density of 1.5 dwelling units per acre (DU /A) - except that an additional 1 DU /A is allowed via use of TDR (transfer of development rights) credits — and other uses generally allowed in the Urban designation, including recreation and open space uses. Redemption into Urban Areas occurs per Land Development Code (LDC) Section 2.03.07.D.4.d.i.a.vi: One (1) dwelling unit per acre shall be derived from Rural Fringe Mixed Use (RFMU) sending lands and redeemed at Site Development Plan (SDP) or prior to Plat recordation. Subsequent plats /re -plats for this development need to include a "TDR Calculation" sheet in order to track TDR usage on the project. Generally, this means, LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 5 of 17 Packet Page -2954- 6/23/2015 17.A. For SDPs: At time of application, documentation that the developer has acquired all TDR credits needed for that portion of the development that is the subject of the site development plan will be required with application submission. Provide the Completed TDR Transfer and Redemption Applications for the necessary number of TDRs required are submitted and TDR credits are redeemed. If part of a larger development being developed in phases, an allocation sheet is necessary to track the chronological assignment of base density and TDR Credits with respect to each individual plat, plan or project. Provide the necessary individual TDR certificate tracking numbers as an exhibit to the application. For Plats: At the time of application, documentation that the developer has acquired all TDR credits needed for that portion of the development that is the subject of the final plat will be required with application submission. Provide the Completed TDR Transfer and Redemption Applications for the necessary number of TDRs required are submitted and TDR credits are redeemed. If part of a larger development being developed in phases, an allocation sheet is necessary to track the chronological assignment of base density and TDR Credits with respect to each individual plat, plan or project. Provide the necessary individual TDR certificate tracking numbers as an exhibit to the application. The Urban Residential Fringe Subdistrict states: "All rezones are encouraged to be in the form of a planned unit development. Proposed development in the Subdistrict shall be fully responsible for all necessary water management improvements, including the routing of all on -site and appropriate off - site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal /out -fall system made necessary by new development in the Subdistrict." This project is submitted as a PUD; Comprehensive Planning staff defers to Engineering Plans Review staff for water management review. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis [in bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [This Policy will be implemented by the present proposal. Application materials depict indirect access to Collier Boulevard (CR 951), classified as an arterial road in the "Transportation Element, with interconnection to the Willow Run development adjacent to the north.] LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 6 of 17 Packet Page -2955- 6/23/2015 17.A Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [This Policy will be not implemented by the present proposal. Application materials do not depict a loop road; but rather a single, lengthy dead -end street. Exhibit E, List of Requested Deviations, requests relief from the prohibition on a cul -de -sac in excess of 1,000 feet. As no other means of access is depicted on Exhibit C, all parcels within the PUD will have their only internal access to this one street.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [This Policy will be not .implemented by the present proposal. Application materials do not depict vehicular or non - vehicular interconnection with adjoining neighborhoods or developments other than the single vehicular access through Willow Run.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [This Policy will be implemented by the present proposal. With regard to walkable communities, application Exhibit E, List of Requested Deviations, no. 5, provides that sidewalks will be provided on both sides of local streets except "where the street is adjacent to the FPL easement and the Collier County raw water production well. Comprehensive Planning staff does not object to this specific deviation request. With regard to a blend of densities and a range of housing prices and types, the application proposes single- family, two - family (with 1,800 sq. ft. and 4,000 sq. ft. minimum floor areas, respectively) and multi- family units (with 10,000 sq. ft. per building minimum floor areas.) Regarding common open spaces, the amount of open space required and provided is ±14.6 acres. With regard to civic facilities, none are specifically proposed but typical community uses such as a clubhouse are allowed, which are sometimes used for civic purposes, e.g. polling place.] Transportation Element: Transportation Planning staff recorru ends that the CCPC not approve the subject PUD as it is not consistent with Policy 9.3 of the Transportation Element, which requires interconnection where feasible. However, transportation Planning Staff could recommend approval subject to the following condition: 1. An interconnection point to the Agriculture zoned parcel to the south shall be provided. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation and Coastal Management Element (CCME). A minimum of 4.73 acres of native vegetation are required to be. retained for the PUD. Based on the above analysis, Comprehensive Planning staff finds the proposed rezone inconsistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 7 of 17 Packet Page -2956- 6/23/2015 17.A. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. The preserve within the PUD meets the selection criteria in the LDC and GMP, and was selected to retain the highest quality wetlands, along with adjoining mature pine flatwoods to the north, to form a contiguous preserve on the west side of the project. Aside from the 4.62 acre parcel immediately to the south, surrounding lands are all slated for development within existing PUDs, so connection to off -site preserves is not possible. Listed and protected species documented on the project site are Florida panther and black bear. The project does not require Environmental Advisory Council (EAC) review, since it does not meet the EAC scope of land development project reviews identified in Chapter 2, Article VIII, Division 23, Section 2 -1193 of the Collier County Code of Laws and Ordinances. Transportation Review: Transportation Planning staff has reviewed this petition and has found that currently there is no legal access provided to the subject site according to the Master Plan. Transportation staff has also found that Transportation commitment 1.13 which states: "No SDP or other development order authorizing site improvements shall be granted until evidence of legal access (an executed shared access agreement for vehicular access) to CR 951 is provided" to be unacceptable. It does not constitute a commitment on behalf of the applicant. Transportation staff recommends approval subject to the following condition: A shared access agreement for vehicular access shall be executed with the Willow Run PUD prior to the approval of the subject PUD. Utility Review: The Utilities Department staff has reviewed. the petition and has requested locations for the water connections. The primary water connection is located at the southwest corner of the property and a stub -out for a second feed will be provided at the entry road to Lido Isles. This has been made a commitment, see Exhibit F, "List of Developer Commitments." Emergency Management Review: The Emergency Management staff has reviewed the petition and has stated that the proposed project will have little impact. Collier County Public Schools (CCPS) District Review: CCPS staff has reviewed the petition and has stated that at this time there is sufficient capacity for the proposed development within the LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21. 2015 Page B of 17 Packet Page -2957- 6/23/2015 17.A middle and high school concurrency service areas. There is not sufficient capacity within the elementary school concurrency service area. This finding is for planning and informational purposes only and does not constitute either a determination of capacity or concurrency for the proposed project. At the time of Site Development Plan or Plat, the development will be reviewed for concurrency to ensure there is capacity either within the concurrency service area that the development is located within or adjacent concurrency service areas such that the level of service standards are not exceeded. At this time there is capacity in an adjacent concurrency service area. Zoning and Land Development Review: As previously stated, 61 single- family detached, single - family attached, two - family and single - family zero lot line, townhouse and multi - family residential dwelling units along with accessory uses such as a clubhouse are proposed on the subject property. The PUD Master Plan, aerial photograph, and the surrounding zoning discussion, depict that the subject site will be separated from Collier Boulevard by a 100 -foot wide canal, a 20 -foot wide Type D landscape buffer and an approximately 240 -foot wide preserve area. To the north, the subject site is separated from Willow Run RPUD by a 20 -foot wide Type D landscape buffer. To the east, the subject site is separated from Willow Run RPUD by a 170 -foot wide Florida Power and Light (FPL) easement. Within the FPL easement the developer proposes a 10 -foot wide Type A landscape buffer. To the south, the subject site is separated from the mostly undeveloped property by a 10 -foot wide Type A landscape buffer. The PUD Development Standards Table (Exhibit B) proposes a minimum front yard setback that is 20 feet, with an allowance of 23 feet for driveway parking. The proposed minimum side yard setbacks are 0 to 15 feet, with a building separation distance of 10 to 20 feet. The proposed minimum rear yard setback is 10 feet. The proposed building height is 2 to 4 stories, the maximum zoned height is 35 to 50 feet and the actual height is 42 to 57 feet. Accessory uses such as swimming pools propose 20 -23 -foot front yard setback, a 0 to 15 -foot side yard setback and a 5 foot rear yard setback. The proposed maximum zoned height is the same as the principal structure. In addition, Exhibit A includes specific standards for community recreational facilities. The proposed minimum front yard setback is 25 feet. The proposed minimum side yard setback is 20 feet. The proposed minimum rear yard setback is 15 feet. The proposed maximum zoned height is 25 to 35 feet and the actual height is 35 to 42 feet. The petitioner is seeking 4 Deviations related to right -of -way width, drainage easement width, culs- de -sac length, and sidewalk location requirements. For further discussion of the Deviations, see the Deviation section of the Staff Report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 9 of 17 Packet Page -2958- 6/23/2015 17.A Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non -bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Division has indicated that the proposed PUD amendment is not consistent with all applicable elements of the Growth Management Plan (GMP). However, staff could recommend approval subject to the following condition: An interconnection point to the Agriculture zoned parcel to the south shall be provided. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential lands. The land uses proposed in this PUD petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends, changing market conditions, specifically the development of the site with residences, and the development of the surrounding area, support the proposed PUD. This site is located within an area of development with a mixture of mostly residential land uses. The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed change, subject to the proposed list of uses and property development regulations and the proposed Development Commitments detailed in Exhibit F, should not adversely impact living conditions in the area. LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 10 of 17 Packet Page -2959- 6/23/2015 17.A. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time subject to the Transportation Commitments contained in Exhibit F of the RPUD ordinance. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Some of the property surrounding the subject site is partially developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and /or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD amendment does not constitute a grant of'special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood or county. LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 11 of 17 Packet Page -2960- 6/23/2015 17.A. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these residential sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. In addition, the commitments included in PUD Exhibit F adequately address the impacts from the proposed development. LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 12 of 17 Packet Page -2961- 6/23/2015 17.A. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property and roadway access to the subject site. Additionally, the development will be required to gain platting and/or site development plan approval. Both processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Analysis Section of this staff report, staff is of the opinion that the proposed uses, development standards and developer commitments will help ensure that this project is compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed development must seek concurrency at the time of next Development Order (Site Development Plan and/or Plat) submittal. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property does have the ability to support expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 13 of 17 Packet Page -2962- 6/23/2015 17.A. The petitioner is seeking 4 deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03,06 A). This criterion requires an evaluation of the extent to which development standards ' and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the 4 deviations proposed can be supported, finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 ME, the petitioner has demonstrated that the deviations are "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion below for a more extensive examination of the deviations. Deviation Discussion: The petitioner is seeking 4 deviations from general LDC requirements and has provided justification in support of the deviations. Staff has analyzed the deviation requests and provides the analysis and recommendations below: Deviation # 1 seeks relief from LDC Section 6.06.01, "Private Roadway Width," which requires a minimum right -of -way width of 60 feet for local street rights -of -way, to allow for a minimum 42- foot right -of -way width internal to the proposed development. Petitioner's Rationale: The applicant states that the justification for this deviation is a 42 -foot right - of -way will be sufficient for the scale of the proposed development and will provide an adequate cross - section to meet ingress /egress, drainage, and utilities requirements while maintaining public safety. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 2 seeks relief from LDC Section 6.01.02.B.2, "Drainage Easements," which requires, where underground drainage structures are installed, that an easement shall be no less than 15 feet in width, to allow for an easement along side lot lines that is no less than 10 feet in width for stone drainage pipes less than 24" in diameter and with an invert no more than 6 feet below finished grade. All installations will follow OSHA and ACPA Standards. This does not apply to drainage easements over which Collier County holds or will hold maintenance rights. All drainage easements proposed to be less than 15 feet shall be maintained only by the developer, its successor or assigns, and shall not be transferred or conveyed to the County for ownership or maintenance. Petitioner's Rationale: The applicant states that the justification for this deviation is that piping of smaller diameter and shallow burial depth can be adequately maintained within a 10- foot -wide easement provided all installations follow OSHA and ACPA Standards. This deviation has been previously granted. LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 14 of 17 Packet Page -2963- 6/23/2015 17.A Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 3 seeks relief from LDC Section 6.06.01.J, "Street System Requirements," which prohibits culs -de -sac in excess of 1,000 feet, to allow the cul -de -sac in excess of 1,000 feet as shown on the RPUD Master Plan. Petitioner's Rationale: The applicant states that the justification for this deviation is that the project must still comply with the Fire Code and that a turnaround, sufficient for the turn radius of emergency vehicles, is being provided. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.51., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 4 seeks relief from LDC Section 6.06.02.A.1, "Sidewalks, Bike Lane and Pathway Requirements," which requires sidewalks on both sides of the street, to allow a single five (5) foot - wide sidewalk on only one side of a street where the street is adjacent to the FPL easement and the Collier County raw water production well. Petitioner's Rationale: The applicant states that the justification for this deviation is that there are lots on one side of the street only at this location, so that pedestrian access to all lots will be adequately accommodated without loss of connectivity. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that `'the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.51., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The agent /applicant duly noticed and held the required NIM on December 3, 2014. For further information, please see Attachment B: NIM Summary, LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 15 of 17 Packet Page -2964- 6/23/2015 17.A. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDZ- PL20140000393, revised on April 20, 2015. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDZ- PL20140000393 to the Board of County Commissioners with a recommendation of approval subject to the following conditions: 1, An interconnection point to the Agriculture zoned parcel to the south shall be provided. 2. A shared access agreement for vehicular access shall be executed with the Willow Run PUD prior to the approval of the subject PUD. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: NIM Summary Attachment C: Lido Isles Density Map Attachment D: Roadway Interconnection Agreement and Cost Sharing Agreement. LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 16 of 17 Packet Page -2965- 6/23/2015 17.A. PREPARED BY: V�mm a wd, �� r j NANCY 1) �A, H, AICP, PLA I DATE PRINCIPAL LAMER ZONING DIVISION REVIEWED BY: / 4-zr. is RAYMOND V. BELLOWS, ZONING NLANAGER DATE ZONINri DIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: S F NCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT w T �7 . r. NICWCASlALANQl15A, DVT UTY COUNTY MANANGER DATE GROWTH MANAGEMENT DEPARTMENT LIDO ISLES RPUD, PUDZ- PL20140000393 APRIL 21, 2015 Page 17 of 17 Packet Page -2966- 6/23/2015 17.A. ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL ZONING DISTRICT (A), AND A RURAL AGRICULTURAL ZONING DISTRICT WITH AN ST OVERLAY (A -ST), TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 61 DWELLING UNITS FOR A PROJECT TO BE KNOWN AS THE LIDO ISLES RPUD ON PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD AT 9130 AND 9198 COLLIER BOULEVARD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 24.32± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ- PL201400003931 WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. representing Marco Island Group LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein descrilhPd real property located in Section 11, Township SO South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural Zoning District (A), and a Rural Agricultural Zoning District with an ST Overlay (A -ST), to a Residential Planned Unit Development (RPUD) Zoning District for a 24.32± acre parcel to be known as the Lido Isles RPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [14-CPS-01369/1182219/1] 112 Lido Isles RPUD - PUDZ- PL20140000393 Pagel of 2 Rev, 5/22/15 Packet Page -2967- 6/23/2015 17.A. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2015. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ME Deputy Clerk Approved as to form and legality: ..n Heidi Ashton -Cicko Managing Assistant County Attorney IN TIM NANCE, Chairman Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit C -1 — R -O -W Section Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments [14-CPS-01369/1182219/11 112 Lido Isles RPUD - PUDZ- PL20140000393 Page 2 of 2 Rev. 5/22/15 Packet Page -2968- 6/23/2015 17.A. EXHIBIT A LIDO ISLES RPUD PERMITTED USES MAXIMUM DWELLING UNITS The maximum dwelling units shall be sixty -one (61) provided that 24 of the maximum 61 units are obtained through a transfer of development rights in accordance with the requirements set forth in the LDC and GMP (Growth Management Plan). 2. GENERAL A. Community recreation, clubhouse, indoor and outdoor fitness facilities (spa), dining facilities, community administration, maintenance buildings, recreational amenities and other similar uses designed for use by all residents and guests shall be permitted uses throughout the R designated areas of the PUD. Development Standards: Front Yard Setback: Side Yard Setback: Rear Yard Setback: Waterbody Setback: Preserve Setback: PUD Boundary Setback: FPL Easement Setback: Height: Clubhouse(s): Zoned: Actual Other uses: Zoned: Actual; 25' 20' except where adjacent to preserve. 15' except where adjacent to preserve. 0' from lake maintenance easement or bulkhead 25' Equal to required width of perimeter landscape buffers 0' 35' 42' 25' 35' All pole lighting shall be limited to flat panel fixtures. Where a setback is required, any lighting fixture placed within: (a) 50 feet of the external boundary shall be limited to 15 feet in height; (b) 30 feet of the external boundary shall utilize full cut -off shields. B. Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetseape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the `R" designated areas of the PUD. Maximum Height for Guardhouses /Gatehouses: Zoned: 25' Actual: 30' Page 1 of 10 H 12013\2013099 \WP\PUD Rezone\Post CCPC \Lido Isles RPUD (PUDZ- PL- 20140000393)(CLEAN 5 -7 -2015) docx Packet Page -2969- 6/23/2015 17.A. PUD Boundary Setback: 10`, except fences or walls shall have no setback, except that which is required in order to provide landscaping on the exterior side of the wall. 3. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: A. Principal Uses: Single- family detached dwelling units. 2. Single- family attached dwelling units. 3. Two - family and single- family zero lot line dwelling units. 4. Townhouse and multi- family dwelling units. 5. Any other principal use, which is comparable in nature with the foregoing listed of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") or the Hearing Examiner ("HEX "), as applicable, by the process outlined in the Land Development Code ( "LDC "). B. Accessory Uses: Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and screen enclosures. 2. Temporary construction, sales and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. 4. PRESERVE/TRACT P No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Preservation of native habitat. B. Accessory Uses: Storm water management structures. Page 2 of 10 H- 1,2013\2013099MPTUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ- PL- 20140000393)(CLEAN 5 -7 -2015) docx Packet Page -2970- 6/23/2015 17.A. 2. Pervious and impervious pathways and boardwalks, consistent with the LDC. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating, 6. Viewing platforms. 7. Conservation- related and recreational activities comparable in nature with the aforementioned uses, as determined by the County Manager or designee. Page 3of10 II'20] 3\2013099 \WP \PUD RezoneAPost CCPC \Lido Isles RPUD (PUDZ- PL20140000393XCLEAN 5 -7 -2015) docx Packet Page -2971- 6/23/2015 17.A. EXHIBIT B LIDO ISLES RPUD The I able below sets forth the development standards for land uses within the Lido Isles RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision Plat. DEVELOPMENT STANDARDS TABLE PERIMETER PUD SETBACK: The perimeter PUD setback shall be, at a minimum. equal to the required width of perimeter landscape buffers. DEVELOPMENT 1 SINGLE- FAMILY SINGLGFAMII.Y I TWO-FAMILY & TOWNHOUSE or STANDARDS DETACHED ATTACHED SINGI,E- FAMILY MULTI - 5 FEET 5 FEr.1- 5 FETE "I ZERO EOT IJNE FAMILY PRINCIPAL STRUCTURES MINIMUM LOT AREA 4.800 S.F. PER 1.800 4,000 10,000 UNIT S.F. PER UNIT S.P. PER UNIT S.F. PER BLDG. MINIMUM LOT WIDTH 40 FEET 30 FEET 40 FEET N/A I MINIMUM FLOOR AREA 1.200 ST 1,200 S.F PER 1,200 S.F. PER j 1,000 S.F. PER UNIT UNIT ( UNIT MINIMUM FRONT YARD 20 FEET 20 FEET j 20 FEET MINIMUM SIDE YARD 5 FEET 0 OR 5 FEET' 0 OR 5 FEET' 0 or 15 FEET MINIMUM REAR YARDS 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM PRESERVE 25 FRET 25 FEET 25 FEET 25 FEET SETBACK MINIMUM DISTANCE 10 FEET 10 FEET 10 FEET 20 FEET BF.TWTEN STRUCTURES MAXIMUM BUILDING 2 STORIES NTE 35 ' 2 STORIES NTE 35 2 STORIES NTE 35 4 STORIES NTE 50 I -TGHT - ZONED FEET I FF.E "t E � FEET FEET J MAXIMUM BUILDING 42 FEET 42 FEET 42 FEET 57 FEET HEIGHT - ACTUAL ACCESSORN' STRUCTURES MINIMUM FRON°1 YARD SPS_ SPS I SPS 1,LLI MINIMUM SIDE YARD I SPS SPS SPS SPS MINIMtiM REAR YARD" 5 FEET 5 FEET 5 FEr.1- 5 FETE "I PRESERVE SETBACK 10 F E.ET 10 FEET 0 F EFT W FEET M 1XIMIJM 111'16111 S.I'.S. ZONED & AC] UAI, S.P.S. S.P.S. 1 S.P.S. NTE — Not io Exceed: S.P.S. = Same as Principal Structures; BLDG. = Building; S.F. = Square Feet: N ?A = Not Applicable General Except as provided for herein_ all criteria set forth in Exhihit B helovv shall be understood to be in relation to indiyiduai parcel or lot houndan lines or het-„con suuciures. Coadotuir;iunt andior homcowrncrs, association houndlarics shall not he utilized for determininc dc;.aopnr:nt sin i1ulards. {'fl nl it o -. `, licrc a utility easement encroaches farther into a yard than the allm abic setback, the minimum required setback shall be increased to the extent of the utility eascmcnt encroachment, Lots fronting on two streets shall provicic a full front yard setback along the street with the shorter frontage. and a minimum 10' (runt yard setback along the other .street frontage. Front entry garages shall be at least 23 feet from back ofsidewalk. Where side entry garages are pro% ided, the driveway shall be designed in such a manner so that a parked ,chicle shall not conflict with the sidc%Nalk: ho�Nevet in no case shall the front setback he less than 10' for side enm garages. S minimum side selbacks for single - family attached, two - family and single- familN zero lot line must he accompanied by another 5' minimum side sethack on adjoining lot to achieve minimum 10' separation 4 7er0 feet if adjacent to a landscape buffer or lake maintenance tract. Landscape buffers and lake maintenance easements shall be platted as separate tracts at time of subdivision plat approval. Page 4 of 10 H':2_01 31-20130q,),%VP,P1;D RezoneTost CCPC \Lido Isles RPUD (PttD7- PL- 2p14000b 9-�)(CLL.4N i -7 201ijdoea Packet Page -2972- Y � I l I I 1 I i ly 'S ` V t41* - aca NM• - {F. wj C7 x3 X00 O� h 0 -H 1- Q,.� Z �� h �D NO hh0 FO O G tc N 0o N K)--o Z Wz �a z Q Q pp �� md-Z oa zm ED W W 0 }N dtld t� N Qa w� x I, CLLR Z> O NNMmM 'ZO L� S W 7 °� ,> C iNc °-i -f 2w vI°ro ~x aiZ a A 1 Iz 3owT m w c OOW8 rjZO ° { i3 r 1 1 � �o �@I,.- mO rw�O {w7c� , - ^ i 1 wF �s G= 0 ?> �q0+?� pzaC gaKw wa u c>a < WW o< 0 ww w ��rn o EiE an E29 ero ma? a¢ aaa ,nay d� '� ' mw 15 . aWm �w NN c7�� w�� Oywa w Ow m d.w� �w w �a.mm a zm �oWg v z G OxON ~o— N o0�� 2vF0 -fir= -o ,+! W��w°dFFZ a 0¢ lior : O •- N � Y -- -- -OVON3 iai�" �NILSrx3 == d !o W z W w 433 U O W ~ Q U a ¢T C Q 'm HS N ---- --- -- -- - --- -------------------- 0 C , m , I 1 f� _ > it CD Q O ID I CS n l LL U C—� ,I1 I p N w z O i N L. / z W w 433 U O W ~ Q U a ¢T C Q 'm HS N ---- --- -- -- - --- -------------------- LU It IL 44 c • ` . . ' m . IMi I 1 .o ....I Cq _ IVNVO NOS733aN3H fS6 'a0 QliVAmnou Hamo0 ------- - - __---- _- ••____- _ -.- -- - -J Packet Page -2973- �T Lm CL 40)0 m Z= 0 0 N �h 6/23/2015 17.A. Q J W C� JV O Q-; _ � � X w J J LU Z 0 z° m z B �s 6� 0 C , m I 0 C I n l U C—� Q O " is f6 I I O {11 �'x r U icvl s +- m U z O m ¢ 3 J N O F I�i U �I 1 LU It IL 44 c • ` . . ' m . IMi I 1 .o ....I Cq _ IVNVO NOS733aN3H fS6 'a0 QliVAmnou Hamo0 ------- - - __---- _- ••____- _ -.- -- - -J Packet Page -2973- �T Lm CL 40)0 m Z= 0 0 N �h 6/23/2015 17.A. Q J W C� JV O Q-; _ � � X w J J LU Z 0 z° m z B �s 6� 6/23/2015 17.A. Page6of10 H' Oi3,2013099MP\PUD RezoneAPost CCPC \Lido Isles RPUD AJD2- PL- 20140000393)fCLEAN 5 -? 20151 docx Packet Page -2974- N N I v o 0 I yZ Q 6 A �• p W N W to Q O 1t► Q r -' -- LJ _ W � t r w F- Cn j iv o Z LE3 a W J� f o m W V) Q Ll V) m La w � V > Q Q V t, I N J U z - l LL _ Z'$ a a :.: iJ ci r- U Q Q tr T� : _•� s w LL s; z 2 JEL z I Page6of10 H' Oi3,2013099MP\PUD RezoneAPost CCPC \Lido Isles RPUD AJD2- PL- 20140000393)fCLEAN 5 -? 20151 docx Packet Page -2974- 6/23/2015 17.A. EXHIBIT D LIDO ISLES RPUD LEGAL DESCRIPTION THE NORTH % OF THE NORTH '/z OF THE SOUTHWEST/40F THE SOUTHWEST/40F SECTION 11, TOWNTSHIP 50 SOUTH, RANGE 26 EAST, EXCEPT THE WEST 100 FEET THEREOF FOR ROADWAY PURPOSES, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE NORTH '/z OF THE NORTH '/20F THE SOUTH '/z OF THE SOUTHWEST '/40F THE SOUTHWEST '/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET FOR ROAD RIGHT -OF -WAY. THE SOUTH '/z OF THE NORTH %2 OF THE SOUTHWEST/40F THE SOUTHWEST/40F SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXCEPT THE WESTERLY 100 FEET THEREOF FOR ROADWAY PURPOSES, COLLIER COUNTY, FLORIDA. Page 7 of 10 H \2013\2013099 \WP \PUD RezoneAPost CCPC \Lido Isles RPIJD (PUDZ- PL- 20140000393)(CLEAN 5 -7 -2015) docx Packet Page -2975- 6/23/2015 17.A. EXHIBIT E LIDO ISLES RPUD LIST OF REQUESTED DEVIATIONS FROM LDC PRIVATE ROADWAY WIDTH Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width, which requires a 60 -foot right -of -way width, to allow that the private roadway shall have a minimum 42 -foot right -of -way width. DRAINAGE EASEMENT WIDTH 2. Deviation No. 2 seeks relief from LDC Section 6.01.02.13.2, Drainage Easements, which requires, where underground drainage structures are installed, that an easement shall be no less than 15 feet in width, to allow for an easement alongside lot lines that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet below finished grade. All installations will follow OSHA and ACPA Standards. This does not apply to drainage easements over which Collier County holds or will hold maintenance rights. All drainage easements proposed to be less than 15 feet shall be maintained only by the developer, its successor or assigns, and shall not be transferred or conveyed to the County for ownership or maintenance. STREET SYSTEM REQUIREMENTS 3. Deviation No. 3 seeks relief from LDC Section 6.06.01.J, which prohibits culs -de -sac in excess of 1,000 feet, to allow the cul -de -sac in excess of 1,000 feet as shown on the RPUD Master Plan. SIDEWALKS 4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of the street, to allow a single five (5) foot -wide sidewalk on only one side of a street where the street abuts the FPL easement or the Collier County raw water production well. Page 8of10 H:A2013\2013099 \WP \PUD RezoneAPost CCPC \Lido Islcs RPUD (PUDZ- PL- 20140000393)(CLEAN 5 -7 -2015) docx Packet Page -2976- 6/23/2015 17.A. EXHIBIT F LIDO ISLES RPUD LIST OF DEVELOPER COMMITMENTS TRANSPORTATION REQUIREMENTS A. The developer, his successor, or assign(s) shall bear a proportionate share responsibility toward the cost of creation or extension of any turn lanes in CR 951, as well as any future traffic signal (at such time as a signal may be warranted) or other median restrictions that serve the shared project entrance with the Willow Run RPUD. B. No Site Development Plan (SDP) or other development order authorizing site clearing or site improvements shall be granted until evidence of legal access, (an executed shared access agreement for vehicular access through Willow Run RPUD) to CR 951 is provided. The effective date of the easement(s) shall be prior to the date of the earliest to occur of plat approval or SDP approval. UTILITY REQUIREMENTS The primary water connection will be at a location at the southwest corner of the property; a stub -out for a second feed will be provided to the Willow Run RPUD at the entry road to the Lido Isles RPUD. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the RPUD. At the time of this PUD approval, the Managing Entity is Lord's Way 30, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the RPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 4. PLANNING A. To achieve the maximum allowable density of 61 units, 24 TDR Credits are required to be severed and transferred to the RPUD. Page 9 of 10 IIA20132013099 \WP\PUD RezoneAPost CCPC1Lido Isles RPUD (PUDZ- PL- 20140000393)(CLFAN 5 -7 -2015) docx Packet Page -2977- 6/23/2015 17.A. 13. A density calculation and TDR Credit tracking sheet shall be submitted with each Site Development Plan (SDP) and /or plat for the redemption of TDR Credits needed for the project. ENVIRONMENTAL A. Tract "P" Preserve provides a 5.01± acre contiguous preserve area on the west side of the site. The on -site preserve area consists of 4.75± acres of existing native vegetation and 0.26± acre of non- native habitat. The minimum required native vegetation preservation is 4.73± acres (25% of 18.92± acres of existing native vegetation). The Lido Isles RPUD shall preserve a minimum of 4.73± acres of native vegetation on -site. B. The informational brochure created by the Florida Fish and Wildlife Conservation Commission (FWCC) and titled "A Guide to Living in Bear County" provides background information on the identification, habits, and protection of the Florida black bear (Ursus americanus floridanus) and will be distributed to future homeowners and construction /maintenance personnel. The brochure educates the public about the Florida black bear and how to discourage bears around homes. The brochure also provides FWCC contact information for homeowners who may experience bear problems. The project will utilize bear -proof dumpsters and residents will be provided with information on how to secure their garbage containers to discourage bears from foraging in trash receptacles. Page 10 of 10 H �210 1 3120 1 3 099%WPTUD Rezone \Post CCPC \Lido Isles RPUD (PUDZ- PL- 20140000393)(CLEAN 5 -7 -2015) docx Packet Page -2978- INSTR 5115197 OR 5145 PG 3920 RECORDED 4/30/2015 9:20 AM PAGES 22 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $188.50 INDX $5.00 This instrument was prepared by and after recording return to: Sean M. Ellis, Esquire Roetzel & Andress, LPA 2320 First Street. Suite 1000 Fort Myers, Florida 33401 State of FLORIDA county of colli-er s I HEREBY CE12TZFY'�rHAf t and correct:- ciipy,of' d in the; OFF..ICIAL"Atc,6RDS WITNESS +"iny hand and off- date, 4/30 DWIGHT B &I CL,ERX BY (space above this line for recording data) ROADWAY INTERCONNECT EASEMENT AND COST SHARING AGREEMENT 6/23/2015 17.A. ii- is a true )eument recorded of Collier County icial, seal RCUIT COURT THIS ROADWAY EASEMENT AND COST SHARING AGREEMENT (this "Agreement ") is made this Z¢itf day of Apwl L.- , 2015, by Joseph D. Bonness, f /k/a Joseph D. Bonness, II1, Margaret M. Kelly, and Maureen S. Bonness, all as Trustees of the WILLOW RUN LAND TRUST, and WINCHESTER LAKES CORPORATION, a Florida corporation (hereinafter collectively referred to as "Willow Run "), the grantor of the easement rights hereunder, and MARCO ISLAND GROUP, LLC, a Florida limited liability company ( "Lido Isles "). Willow Run and Lido Isles are sometimes referred to herein as a "party ", or together as "the parties." WHEREAS, Willow Run is the owner of that certain tract of real property more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Willow Run Parcel "); and WHEREAS, Lido Isles is the owner of that certain tract of real property south of and immediately adjacent to the Willow Run Property, more particularly described on Exhibit "B" attached hereto and incorporated herein (the "Lido Isles Parcel "); and WHEREAS, the Willow Run Parcel may be developed as a residential community of approximately five hundred ninety residential units pursuant to Collier County Ordinance No. 14 -35, RPUD PL20130000682 (the "Willow Run RPUD "); and WHEREAS, the Willow Run Parcel has direct legal access to County Road 951 also known as Collier Boulevard, and pursuant to the Willow Run RPUD, Willow Run shall allow shared access to Collier Boulevard to any immediately adjacent property that is willing to pay its prorated share of the roadway infrastructure and related facilities (including but not Iimited to landscaping, lighting, utilities, and other facilities), continued maintenance thereof, and related costs including taxes and assessments; and WHEREAS, the parties wish to establish certain non - exclusive access easements, for pedestrian and vehicular ingress and egress over and across a certain portion of the Willow Run Parcel to and from Collier Boulevard, and to set forth the respective cost sharing responsibilities of the parties for the construction and maintenance of the necessary roadway infrastructure and related facilities; and Packet Page -2979- .C. OR 5145 PG 3921 6/23/2015 17.A. WHEREAS, the easements, obligations to pay costs, and other rights and obligations imposed hereunder are mutually desired to: (i) constitute a covenant running with the land; and (ii) be binding upon Willow Run, Lido Isles and their respective successors and assigns. NOW THEREFORE, for good and valuable consideration, Willow Run and Lido Isles, for themselves and their respective successors and assigns, impose and place upon the Willow Run Parcel and the Lido Isles Parcel the following: I. Grant of Roadway Interconnect Easements. 1.1 Easement No. 1. Willow Run hereby grants, gives and conveys to Lido Isles and its guests, tenants, employees, invitees, licensees, designees, and assigns a perpetual, nonexclusive easement for pedestrian and vehicular ingress and egress over and across that portion of the Willow Run Parcel more particularly described in Exhibit "C" attached hereto and made a part hereof ( "Easement Area No. 1"), appurtenant to and for the benefit of the Lido Isles Parcel for purposes of pedestrian and vehicular general use, ingress and egress to and from "Easement Area No. 2" (described below) and out to and in from Collier Boulevard. 1.2 Easement No. 2. Willow Run hereby grants, gives and conveys to Lido Isles and its guests, tenants, employees, invitees, licensees, designees, and assigns a perpetual, nonexclusive easement for pedestrian and vehicular ingress and egress over and across that portion of the Willow Run Parcel more particularly described in Exhibit "D" attached hereto and made a part hereof ( "Easement Area No. 2 "), appurtenant to and for the benefit of the Lido Isles Parcel for purposes of pedestrian and vehicular general use, ingress and egress to and from "Easement Area No. I" (described above) and out to and in from Collier Boulevard. Lido Isles shall further have the right to place limited signage within Easement Area No. 2, provided that such signage (i) is allowed under the Willow Run RPUD, (ii) complies with all applicable laws and ordinances of the City and the County, and (iii) receives the advance written approval of Willow Run, in Willow Run's sole discretion. 1.3 Easement Area No. I and Easement Area No. 2 are collectively referred to as the "Roadway Interconnect Easement Area" which, upon becoming effective will provide the Lido Isles Parcel with shared access to and from Collier Boulevard. For purposes of this Agreement the Roadway Interconnect Easement is defined separately as Easement No. I and Easement No. 2 solely for the purpose of delineating certain cost sharing and maintenance responsibilities as further set forth herein. It is the intent of the parties that. Easement Area No. 1 and Easement Area No. 2 shall otherwise be inseparable, in order to provide the Lido Isles Parcel with continuous access to and from Collier Boulevard as a single Roadway Interconnect Easement. 1.4 In the event that the Willow Run Parcel is divided into multiple parcels, then the Roadway Interconnect Easement Area may be deeded to the owner of any such subdivided parcel 'Within the Willow Run Parcel or to any property owners association that may be formed by Willow Run in relation to any such subdivided parcels within the Willow Run Parcel, without the consent of any other owner within the Willow Run Parcel and without the Page 2 Packet Page -2980- OR 5145 PG 3922 6/23/2015 17.A. consent of any owner of any property within the Lido Isles Parcel (and without the consent of any of their respective mortgagees). 1.5 Effective Date of Easements. The Roadway Interconnect Easements granted herein shall become effective and commence upon such time as construction of the "Roadway Improvements" (defined below) have been completed by the owner and developer of the Willow Run Parcel, as evidenced by issuance of a certificate of occupancy by Collier County. If prior to such date that the Roadway Interconnect Easements, become effective, Lido Isles requires access through the Willow Run Parcel to Collier Boulevard for the construction and development of the Lido Isles Parcel, then Willow Run will grant Lido Isles a temporary construction access easement, on terms mutually agreeable to the parties, including that Lido Isles shall bear all costs and responsibilities associated with its temporary use of such temporary construction access easement area. II. Prohibitions. 2.1 The unreasonable obstruction, in any way, of the Roadway Interconnect Easement Area is prohibited, including, but not limited to the construction of any walls, fences, gates or other improvements which would obstruct or block off access in the Roadway Interconnect Easement Area. Construction and maintenance activities shall be undertaken in a manner contemplated not to unreasonably interfere with the usage of the Roadway Interconnect Easement Area. 2.2 After construction of the Roadway Improvements, the Roadway Interconnect Easement Area shall not be closed without either, (i) Lido Isles being provided alternate access to the Lido Isles Parcel during the period of such closure, or (ii) the prior written consent of Lido Isles, which consent shall not be unreasonably withheld. II1. Indemnitv. 3.1 Lido Isles shall be responsible at its sole cost and expense for obtaining requisite permits for, and the construction and installation of any improvements necessary to connect the roadways within the Lido Isles Parcel to the improvements constructed by Willow Run within Easement Area No. 2. Any such construction activities performed in Easement Area No. 2 shall be per Oared in compliance with applicable laws, regulations, orders and ordinances of the City, county, state and federal government, or any department or agency thereof. 3.2 The owner(s) of the Lido Isles Parcel shall defend, indemnify and hold the owner(s) of the Willow Run Parcel harmless from all claims, losses, liabilities, actions, proceedings and costs (including reasonable attorneys' fees and costs of suit), including liens, and any accident injury or loss or damage whatsoever occurring to any person or to the property of any person arising out of or resulting from the negligence, or willful misconduct, of the Lido Isles Parcel owner, its guests, invitees, tenants, agents, employees, licenses or designees, in connection with any activities within, or use of, the Roadway Interconnect Easement Area. Page 3 Packet Page -2981- OR 5145 PG 3923 IV. Construction and Maintenance. 6/23/2015 17.A. 4.1 Construction of the Roadway Improvements. The owner or successor owner of the Willow Run Parcel may apply for all necessary permits and construct all portions of the Roadway Interconnect Easement Area and surrounding appurtenant areas including without Iimitation paver and/or asphalt road and bridge construction, land development, fill, grading, environmental mitigation, water management facilities, utility facilities, Collier Boulevard median improvements, turn lanes, and landscaping (the "Roadway Improvements "), at such time as may be desired by Willow Run and in accordance with the Willow Run PUD. Willow Run is hereby granted a right and temporary construction easement to enter upon the Lido Isles Parcel to the extent necessary to construct and complete the Roadway Improvements. Lido Isles agrees to cooperate promptly with Willow Run to the extent necessary to obtain required permits, easements, or amendments to this Agreement to complete construction of the Roadway Improvements. 4.2 Maintenance of Easement Area No. 1. Willow Run shall maintain Easement Area No. I and all portions of the Roadway Improvements within or appurtenant to Easement Area No. 1, including but not limited to the road (including asphalt and pavers), bridge, drainage facilities, lighting, landscaping, irrigation, water management system facilities, and related improvements (the "Shared Facilities "), in good condition and repair at all times. 4.3 Costs of Construction of Easement Area No. 2. Lido Isles shall be solely and fully responsible for all out -of- pocket costs reasonably incurred by Willow Run related to the permitting, construction, and installation of those Roadway Improvements located in Easement Area No. 2, payable within sixty (60) days of Lido Isles' receipt of written invoice from Willow Run. Willow Run shall provide Lido Isles with an invoice for such costs, along with such supporting documents used by Willow Run to compute the costs, and Lido Isles shall have the right to review such costs in the same manner provided for Shared Costs under Section 5.2 below. 4.4 Maintenance of Easement Area No. 2. Lido Isles shall maintain at its sole cost and expense, Easement Area No. 2 and all Roadway Improvements within Easement Area No. 2 in good condition and repair at all times, and all maintenance, repairs and/or replacements, shall be performed promptly as the need arises, including, but not limited to, proper care and maintenance of all improvements within Easement Area No. 2. If Lido Isles fails to fulfill its responsibility for maintenance, repair or replacement hereunder, then Willow Run may give written notice of such failure, and if Lido Isles has not cured such failure within thirty (30) days of the written notice then Willow Run shall have the option (without waiving any other rights or remedies under Florida law) to perform such maintenance, repair or replacement on Lido Isles' behalf and Lido Isles shall reimburse Willow Run for all its costs incurred in correcting such failure, including reasonable attorney's fees and costs within thirty (30) days of Lido Isles' receipt of written invoice from Willow Run. Notwithstanding the foregoing, upon agreement by the parties, Lido Isles maintenance responsibilities may be assigned to Willow Run in the event it is jointly determined to be economically efficient or beneficial to conduct any maintenance or Page 4 . Packet Page -2982- OR 5145 PG 3924 6/23/2015 17.A. repairs of the Roadway Interconnect Easement Area simultaneously and/or through use of the same vendor or contractor. V. Cost SharinE. 5.1 Proportionate Share. Lido Isles, its successors and assigns, shall be obligated to pay Willow Run its "Proportionate Share" (defined below) of the "Shared Costs ", which Shared Costs are defined as: a) all out -of- pocket costs reasonably incurred by Willow Run related to the engineering, permitting, mitigation, construction, and installation of those Roadway Improvements located in Easement Area No. 1, payable upon written invoice from Willow Run; and b) all out -of- pocket costs reasonably incurred by Willow Run for the operation, maintenance, repair, insurance, taxes, and replacement (including reserves for future replacement or deferred maintenance) of the Shared Facilities, determined on an annual basis and payable quarterly in advance. Lido Isles and Willow Run's respective percentage share of the Shared Costs shall be based upon a traffic study issued by an independent third party engaged by Willow Run, and reasonably approved by Lido Isles, which reasonably measures the respective road use of those using the Shared Facilities to obtain ingress to or egress from the respective Parcels (the "Proportionate Share "). Upon obtaining the traffic study the parties shall amend this Agreement to incorporate the actual Proportionate Share percentage. 5.2 Initial Shared Costs. At such time as Collier County, Florida issues a certificate of occupancy for the Roadway Improvements, Willow Run shall invoice Lido Isles' for its Proportionate Share of the Shared Costs under Section 5.1(a) above, and Lido Isles' Proportionate Share of the Shared Costs under Section 5.1(b) shall become due, shall be prorated for that quarter and be based upon the number of days remaining in that quarter, Lido Isles shall pay such initial Shared Costs within sixty (60) days after receipt of Willow Run's invoice for same, along with such supporting documents used by Willow Run to compute the Shared Costs_ Within ten (I0) days after receipt, Lido Isles shall present Willow Run with any written good faith objection to the Shared Costs. if Lido isles presents such objection to the Shared Costs within such ten (10) days, and specifies the basis of such objection, then Lido Isles shall pay Willow Run the undisputed amount, if any, and Lido Isles and Willow Run shall work in good faith to agree upon the disputed Shared Costs. If Lido Isles and Willow Run are unable to agree upon the disputed Shared Costs within ten (10) days of Willow Run's receipt of the objection, then the parties shall attempt to resolve the dispute by submitting it to mediation, which mediation conference shall occur no later than thirty (30) days after Willow Run's receipt of the initial objection. The parties may mutually agree upon a mediator, or if unable to agree than Lido Isles shall provide Willow Run the names of three (3) Florida Supreme Court Certified Mediators in Collier County, Florida, and Willow Run shall select the mediator from those names. Lido Isles shall be responsible for the cost of the mediator and otherwise each party shall pay their separate Page 5 Packet Page -2983- OR 5145 PG 3925 6/23/2015 17.A. mediation costs. If the mediation results in an impasse, then the parties shall have the right to pursue all legal remedies. 5.3 Annual Shared Costs. Willow Run shall prepare an annual budget of the Shared Costs no later than November 30`h of each year. If the annual budget has not been adopted at the time the first quarterly installment is due, it shall be presumed that the amount of such quarterly installment is the same as the last quarterly installment. Such amount shall be continued until the annual budget is adopted and pro rata Shared Costs are calculated, at which time any overage or shortage shall be added or subtracted from the next due quarterly installment. Except for the initial quarterly installment after completion of construction described in Section 5.2 above, Lido Isles shall pay quarterly installments, without demand, no later than the tenth (10`h) day of each calendar quarter. Lido Isles shall not have the right to dispute the Shared Costs if they do not increase by more than five percent (5 %) over the prior year's Shared Costs (exclusive of non - recurring capital costs). 5.4 Special Shared Costs. Willow Run shall have the authority to impose a special charge to meet unusual, unexpected, unbudgeted, or non - recurring Shared Costs (the "Shared Special Costs ") related to the operation, maintenance, repair, insurance and replacement of the Shared Facilities. The percentage share of the Shared Special Costs allocated to Lido Isles shall be the same as its percentage share of the Shared Costs. Subsequent to adopting the Shared Special Costs, Lido Isles shall pay such Shared Special Costs within sixty (60) days after receipt of an invoice for the Shared Special Costs sent by Willow Run to Lido Isles, along with such supporting documents used by Willow Run to compute the Shared Special Costs. Lido Isles shall have the right to review the same in the same manner provided for Shared Costs under Section 5.2 above. Notwithstanding the foregoing, Lido Isles shall not have the right to dispute the Shared Special Costs if the amount of the out -of- pocket costs reasonably incurred by Willow Run therefor does not exceed fifteen percent (15 %) of the annual budgeted Shared Costs. 5.5 Shared Costs Surplus. In the event that in any year the budgeted Shared Costs exceed the actual Shared Costs, such excess funds shall be applied as a credit toward the amount of Shared Costs to be charged in the subsequent year. In addition, the annual budgeted Shared Costs shall be based upon any reasonably anticipated Shared Costs for that year and the actual Shared Costs for the preceding year. 5.6 Continuing Obligation; Failure to Pay. The obligation to pay the Shared Costs and Shared Special Costs shall be mandatory and shall be a separate and independent covenant on the part of Lido Isles. No diminution or abatement of the Shared Costs or Shared Special Costs or setoff shall be claimed or allowed by reason of any alleged failure of Willow Run to fulfill its obligations hereunder. The liability for the Shared Costs and Shared Special Costs may not be avoided or abated by waiver of the use or cnjoyment of any property that is subject to this Agreement or by interruption in the availability of such property for any reason whatsoever. Failure by Lido Isles to timely pay any Shared Costs or any Shared Special Costs shall constitute a default under this Agreement. Shared Costs or Shared Special Costs not timely Page 6 Packet Page -2984- OR 5145 PG 3926 6/23/2015 17.A. paid shall bear interest at a rate of fifteen percent (15 %) per annum, but not in excess of the highest rate allowed by law, calculated from the date due until paid. If any such bill is not paid within said twenty (20) days following written notice from Willow Run to Lido Isles that such amount is delinquent, then Willow Run may (i) record a claim of lien in the Public Records of Collier County, Florida against the Lido Isles Parcel in the amount of all such outstanding invoice(s) together with interest thereon which shall constitute a lien on the Lido Isles Parcel, unless and until paid; (ii) bring legal action against the owner of the Lido Isles Parcel for all unpaid amounts; and (iii) Willow Run may, at Willow Run's option, foreclose any such lien described above in the same manner as a mortgage, and all interest, costs and reasonable attorney's fees incurred in any such action shall be added to the amount of any such lien, and shall be recoverable in the event that Willow Run prevails in any such action. Lido Isles expressly acknowledges that Willow Run has the right and power to bring all actions in law or equity for the collection of any such Proportionate Share of Shared Costs or Shared Special Costs, together with interest, costs and reasonable attorney's fees incurred in any such action, as a debt and to enforce that lien by all methods available for the enforcement of such liens, including foreclosures by an action brought in the same manner as a mortgage Iien on real property. 5.7 Willow Run and Lido Isles agree that any lien placed on the Lido Isles Parcel arising from this Agreement is and shall be subordinate and junior to any first mortgage granted by any owner (as to its parcel) to any bank, trust company, insurance company or other recognized financial institution or institutional lender, whether such indebtedness is now existing or hereinafter incurred (such indebtedness being hereinafter referred to as "Senior Indebtedness "). This provision is expressly made for the benefit of, and to be relied upon by the holders of the Senior Indebtedness. Any lien arising from this Agreement will be subordinate only to the extent the lien securing the Senior Indebtedness has been recorded prior to the recording of any such lien. 5.8 Traffic SkmaI. In the event the applicable governmental authority requires a traffic signal to be installed at the intersection of the Roadway Interconnect Easement Area and Collier Boulevard, the parties hereby covenant and agree that costs associated with such traffic signal shall be shared among the parties hereto, each party being responsible for its Proportionate Share. 5.9 Certificate. Upon request by Lido Isles, or any owner or mortgagee holding a mortgage encumbering the Lido Isles Parcel, or portion thereof, the Willow Run shall execute and deliver a written certificate as to whether or not Lido Isles is in default under this Agreement with respect to the payment of any Shared Costs or Special Shared Costs owed hereunder or otherwise. VI. San Marino Parcel. If at any time in the future the owner of that certain real property immediately adjacent to the Willow Run Parcel and currently known as "San Marino ", should, pursuant to the terms of the Willow Run R.PUD, desire shared access to Collier Boulevard via the Roadway Interconnect Easement Area, then the parties agree that this Agreement may be amended to add Page 7 Packet Page -2985- OR 5145 PG 3927 6/23/2015 17.A. the owner of such San Marino (or its governing property owners association) as a party to this Agreement, upon which (i) such owner and parcel shall make a proportionate contribution for the Shared Costs described in Section 5.1(a), which shall be reimbursed to Willow Run and Lido Isles pro rata in accordance with their respective Proportionate Shares, and (ii) such owner and parcel shall thereafter become responsible for a portion of the ensuing Shared Costs delineated in Section 5.1(b). In such instance each parties' (including San Marino) Proportionate Share shall be recalculated on the same traffic count basis set forth in Section 5.1. VII. Miscellaneous. 7.1 Subject to Section 1.5 above, this Agreement shall become effective upon its recordation in the Public Records of Collier County, Florida. 7.2 Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier, or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Willow Run: Willow Run Land Trust Attn: Joseph D. Bonness 9696 Bonita Beach Rd., Suite 101 Bonita Springs, FL 34135 AND Winchester Lakes Corporation Attn: Joseph D. Bonness 9696 Bonita Beach Rd., Suite 101 Bonita Springs, FL 34135 If to Lido Isles: Marco Island Group, LLC c/o George P. Bauer 206 Dudley Road Wilton, CT 06897 AND Lord's Way 30, LLC c/o David E. Torres 7742 Alico Road Ft. Myers, FL 33912 Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand delivery, or delivery by overnight courier, or three (3) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. For purposes of delivering and receiving any notices, demands, requests or other communications under this Agreement, the attorneys for Willow Run may directly contact Lido Isles and the attorneys for Lido Isles may directly contact Page 8 Packet Page -2986- OR 5145 PG 3928 6/23/2015 17.A. Willow Run. The respective attorneys for both Willow Run and Lido Isles (now or hereafter included in this notice provision) are hereby expressly authorized to give and receive any notice, demand, request or to make any other communication pursuant to the terms of this Agreement on behalf of their respective clients. The addressees and addresses for the purpose of this Section may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 7.3 This Agrecment shall constitute a covenant running with the Willow Run Parcel and the Lido Isles Parcel, and shall be binding on the parties and their successors, successors in title and/or assigns, including any governing property owners association that is dedicated or transferred title to the Willow Run Parcel or the Lido Isles Parcel. Without limiting the generality of the foregoing, Lido Isles recognizes that the Willow Run Parcel, including the Roadway Improvements, may be developed by Willow Run's successor in title. Either of the parties may record an assignment of this Agreement to its respective successor or successors in title without the consent or approval of the other party, but such written assignment shall not be required as this Agreement constitutes a covenant running with the land. Upon any transfer of title to the Willow Run Parcel or the Lido Isles Parcel, with or without any such separate assignment instrument, the transferor shall be automatically relieved from all duties and obligations as to the performance of any covenants or agreements on the part of the transferring party to be performed or observed after such transfer. Notwithstanding the foregoing, Lido Isles may, by recorded written assignment, assign its obligations under this Agreement to a property owners association formed by Lido Isles to govern the affairs of a residential community now or in the future developed upon the Lido Isles Parcel. In the case of any such assignment, the assignee association shall be required to include Lido Isles' Proportionate Share as a common expense in its annual operating budget each year and said association, rather than any individual Lido Isles Parcel residential unit or residential unit owner, shall be responsible for the obligations of Lido Isles hereunder, and no Lido Isles Parcel residential unit or residential unit owner shall have liability or be subject to any lien in excess of the amount allocable to such residential unit or residential unit owner by such association, with the exception of (i) liability for breach of this Agreement caused by, or (ii) defense and indemnity obligations under Section 3.2 of this Agreement arising out of or resulting from the negligence or willful misconduct of, any such Lido Isles Parcel residential unit owner, its guests, invitees, tenants, agents, employees, licensees or designees, for which obligations the responsible Lido Isles Parcel residential unit owner shall remain solely responsible. Willow Run may, by recorded written assignment, assign its rights and obligations under this Agreement to a property owners association formed by Willow Run to govern the affairs of a residential community now or in the future developed upon the Willow Run Parcel. In the case of any such assignment, no Willow Run Parcel residential unit or residential unit owner shall have liability or be subject to any lien, with the exception of liability for breach of this Agreement caused by or resulting from the negligence or willful misconduct of, any such Willow Run Parcel residential unit owner, its guests, invitees, tenants, agents, Page 9 Packet Page -2987- OR 5145 PG 3929 6/23/2015 17.A. employees, licensees or designees, for which obligations the responsible Willow Run Parcel residential unit owner shall remain solely responsible. 7.4 This Agreement shall be construed in accordance with Florida law (exclusive of choice of law rules) and shall not be amended, modified or terminated unless in writing executed by the parties and recorded in the Public Records of Collier County, Florida. Venue for any action arising hereunder shall lie exclusively in Collier County, Florida. 7.5 If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be declared invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 7.6 In the event of default by a party hereto in its respective obligations hereunder, the non - defaulting party shall have (in addition to any other remedies which may be contained herein) all remedies available to it at law or in equity, including, without limitation, the right to specific performance and damages. Any owner(s) may enforce the provisions of this Agreement, and in the event of any legal proceedings or litigation resulting therefrom, the prevailing party or parties shall be entitled to recover all costs and reasonable attorneys' fees incurred in the action or proceeding (including those incurred at trial and appellate levels), in addition to any other relief to which it or they may be entitled. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 10 Packet Page -2988- OR 5145 PG 3930 6/23/2015 17.A. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by fully authorized signatories as of the date first written above. STATE OF -110( COUNTY OF The fore in > instrument was acl by as liability company, wh personally as identificatio , on behalf of said SEAL R N Notary Pudic State of Florida Maritza Aguiar My Commhsion FF 075151 5xPirss 12MI12017 ] LIDO ISLES: MARCO ISLAND GROUP, LLC, a Florida limited liability company By:_i - Print Name:_ G-��g� _ -► Its: b- N.a— �I +e<I before me this ay of 1, 20�, ��Marco d Group, LI_C, Florida limited to me 0 j has uroduced NotaN Public Printe Name: �1= 51 Commission No Pace I I Packet Page -2989- O Ucii U-I ct'- Expiration Date OR 5145 PG 3931 WITNESSES: STATE OF FLORIDA COUNTY OF L__G -e 6/23/2015 17.A. WILLOW RUN: lose) h D. Bonness, f/k/a Joseph D. Bonness, III, as a Trustee of the Willow Run Land Trust The foregoing instrument was acknowledged before me this cZ�7" bday of , 20 Zby Joseph D. Bonness, f/k/a Joseph D. Bonness III, as a Trustee of the Willow Run Land Trust, who [ is personally known to me OR [—] has produced as identification, on behalf of said land tru tir:�F�•; DONNAMMARE Nota ublic SEAL Commission printed Name: �O.tIN/r1 : :os PAy commission Expires °: %a october5,2015 e- Commission No. Expiration Date Page 12 Packet Page -2990- OR 5145 PG 3932 STATE OF FLORIDA ) COUNTY OF ,C �->✓ ) 6/23/2015 17.A. WILLOW RUN: Marg ret . Kelly, as a Trustee f the Willow Run Land Trust n The foregoing instrument was acknowledged before me this o70?" 'b day of L. , 20Z_;:�-, by Margaret M. Kelly, as a Trustee of the Willow Run Land Trust, who [_!!,!ff is personally known to me OR r] has produced as identification, on behalf of said land trust. ;R..•- DONNADIMARE Nota Public SEAL _ Commission 9EE130053 Printed Name: - OnJAhl '' -`- My Commission Expires ��J�00'S October5,2015 Commission No. Expiration Date Page 13 Packet Page -2991- OR 5145 PG 3933 WITNESSES: a,., � L Pri Name: R ZVM k Print Name': STATE OF FLORIDA ) COUNTY OF Ziff,•e ) WILLOW R ur . Bonness, as a Trustee of the Willow Run Land Trust 6/23/2015 17.A. The foregoing instrument was acknowledged before me this IZ4 day of ,C , 20 /j,'5-y Maureen S. Bonness, as a Trustee of the Willow Run Land Trust, who is personally known to me OR [_1 has produced as identification, on behalf of said land trust. �,.•'•� DONNADiMARE �r. Nota ublic • Commission +EE 130053 / SEAL ?'• '•- My Commission Expires Printed Name: /)'Ow October5.2015 4 Commission No. Expiration Date Page 14 Packet Page -2992- OR 5145 PG 3934 WITNESSES: STATE OF FLORIDA COUNTY OF WILLOW RUN: WINCHESTER LAKES CORPORATION, a Florida corporation By: Oonness, eph D. Bonness ( a oseph D. III), President 6/23/2015 17.A. The foregoing instrument was acknowledged before me this�D day of Y PiLiL , 20L� by Joseph D. Bonness, (f/k/a Joseph D. Bonness, III) as President of the Winchester Lakes Corporation, a Florida corporation, who L✓"] is personally known to me OR [_ I has produced as identification, on behalf of said corporation. '• DDNNADIMARE Not ublic Commission iEE130053 SEAL•. My Commission Expires Printed Name: 0 �✓� r7 /11/a ,2�c Octoher5,2015 �E�32� 53 /!3 —S��• Commission No. Expiration Date Page 15 Packet Page -2993- OR 5145 PG 3935 EXHIBIT `A' Willow Run Parcel Legal Description of the Property 6/23/2015 17.A. The South %2 of the South '/2 of the Northwest '/4 of the Southwest %4 of Section 11, Township 50 South, Range 26 East, Less the West 100 feet thereof for road right -of -way; and The Northeast '/4 of the Southwest '/4, and the Northwest '/4 of the Southeast `/4 of Section 11, Township 50 South, Range 26 East; and The Northeast' /. of the Southeast 1/4 of Section 11, Township 50 South, Range 26 East; and The Southeast 1/4 of the Southwest 114, and the Southwest 1/4 of the Southeast 1/4, and the Southeast '/4 of the Southeast 1/4 of Section 11, Township 50 South, Range 26 East; and The Southeast 1/4 of the Northeast 114 of Section 11, Township 50 South, Range 26 East; and The Northeast `/4 of the Northeast '/4 of Section 11, Township 50 South, Range 26 East; and The Southwest 1/4 of the Northwest 114 of Section 12, Township 50 South, Range 26 East; and The West 1/2 of the Southwest `/4 of Section 12, Township 50 South, Range 26 East; and Northwest '/4 of the Northwest % of Section 13, Township 50 South, Range 26 East; and The Northeast 1/4 of the Northeast 114 of Section 14, Township 50 South, Range 26 East; and The Northeast '/4 of the Northwest t/4 of the Northeast %. of Section 14, Township 50 South, Range 26 East, all of Collier County, Florida. Being also described as: A TRACT OF LAND LYING IN SECTIONS 11, 12, 13, AND I4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE RUN SOUTH 00 °45'13" WEST ALONG THE EAST LINE OF SAID SECTION 11, A DISTANCE OF 1,356.42 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12; THENCE LEAVING SAID EAST LINE, NORTH 87 °47'32" EAST, A DISTANCE OF 1,318.80 FEET TO THE SOUTHEAST CORNER OF THE Exhibit "A" to Joint Easement Agreement Packet Page -2994- OR 5145 PG 3936 6/23/2015 17.A. NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12; THENCE RUN ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, SOUTH 00 °40'50" WEST, A DISTANCE OF 1,353.60 FEET; THENCE SOUTH 00 042'14" WEST, A DISTANCE OF 2,707.26 FEET TO A POINT ON THE NORTH LINE OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 13, SOUTH 00 °39'11" WEST, A DISTANCE OF 1,345.38 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13; THENCE LEAVING SAID CORNER, SOUTH 87 °30'27" WEST, A DISTANCE OF 1,328.58 FEET TO THE EAST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 14, SOUTH 87 °28'53" WEST, A DISTANCE OF 1,336.40 FEET; THENCE NORTH 00 04715" EAST, A DISTANCE OF 671.38 FEET; THENCE SOUTH 87 027'18" WEST, A DISTANCE OF 668.30 FEET; THENCE NORTH 00 °47'46" EAST, A DISTANCE OF 671.09 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 11; THENCE ALONG SAID SOUTH LINE, SOUTH 87 025'49" WEST, A DISTANCE OF 2,004.66 FEET, (PASSING OVER THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION l 1 AT A DISTANCE OF 668.22 FEET) TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE LEAVING SAID SOUTH LINE OF SECTION 11, NORTH 00 °50'07" EAST, A DISTANCE OF 1,371.71 FEET; THENCE SOUTH 87 °38'49" WEST, A DISTANCE OF 1,235.72 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951); THENCE RUN ALONG SAID EAST RIGHT -OF- WAY LINE, NORTH 00 °50'49" EAST, A DISTANCE OF 344.10 FEET; THENCE LEAVING SAID RIGHT -OF -WAY LINE, NORTH 87 042'04" EAST, A DISTANCE OF 1,235.58 FEET; THENCE NORTH 00 050'07" EAST, A DISTANCE OF 1,028.79 FEET; THENCE NORTH 87 °51'50" EAST, A DISTANCE OF 2,670.28 FEET; THENCE NORTH 00 046'52" EAST, A DISTANCE OF 2,723.04 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 11; THENCE RUN ALONG SAID NORTH LINE OF SECTION 11, NORTH 880I7'54" EAST, A DISTANCE OF 1,333.91 FEET TO THE POINT OF BEGINNING. CONTAINING 559.05 ACRES, MORE OR LESS. Exhibit "A" to Joint Easement Agreement Packet Page -2995- OR 5145 PG 3937 EXHBIT `B' Lido Isles Parcel 6/23/2015 17.A. The North 1/2 of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 50 South, Range 26 East, except the West 100 feet thereof for roadway purposes, Collier County, Florida (Parcel Identification Number: 004115200 1) AND The South I/2 of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 50 South, Range 26 East except the Westerly 100 feet thereof for roadway purposes, Collier County, FL (Parcel Identification Number: 00411000000) AND The North 1/2 of the North 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 50 South, Range 26 East, less the West 100 feet for roadway purposes, Collier County, Florida. (Parcel Identification Number 0041 l 720005) Exhibit "B" to Joint Easement Agreement Packet Page -2996- OR 5145 PG 3938 EXHIBIT `C' Easement Area No. I 6/23/2015 17.A. Easement Area No. 1 initially shall be defined as an area in the approximate location designated on the sketch and description attached hereto. Willow Run and Lido Isles agree to work diligently and in good faith to prepare, agree upon and document a more precise legal description for Easement Area No. 1, prior to the commenccmcnt of construction of the Roadway Improvements, upon which the parties shall execute and record a supplement to this Agreement replacing this Exhibit "C" with a new Exhibit "C" containing the final description of Easement Area No. I. Exhibit "C" to Joint Easement Agreement Packet Page -2997- 6/23/2015 17.A. - W3uew wti� Ja o�3i3cW, o00 � .N - p p 42W Q o`3 hti -'� OO 2C v Q t.si; _ d \�u Wu2h� �oQ sY C.o o z G;: c ° � � ..� p °�o rn a i0 VN o�Q �s3E U eip ono A\,r � vo Q ei\14 94 2�� , moo hx�.w�3 Ohw�bbb u� oy= N y Ql f h Y�4N� NNi 4 2 it \ I \ � U p> I• � C llaa � $j N Y N Gi Od1 1% i� ZI iyV 2 v D"IL7 7D 71 ie7tsr3 MSKY 1 3M .r1/X ♦ N�� 3 or V � 2 b b ai 2 LL .:O V�.4N 1y� riK HO W I3' Ql f N Gi Od1 1% i� ZI iyV 2 v D"IL7 7D 71 ie7tsr3 MSKY 1 3M .r1/X ♦ N�� Packet Page -2998- 6E6£ 9d svzs bo OR 5145 PG 3940 EXHIBIT `D' Easement Area No, 2 6/23/2015 17.A. Easement Area No. 2 initially shall be defined as an area in the approximate location designated on the sketch and description attached hereto. Willow Run and Lido Isles agree to work diligently and in good faith to prepare, agree upon and document a more precise legal description for Easement Area No. 2, prior to the commencement of construction of the Roadway Improvements, upon which the parties shall execute and record a supplement to this Agreement replacing this Exhibit "D" with a new Exhibit "D" containing the final description of Easement Area No. 2. 91087514 Exhibit "D" to Joint Easement Agreement Packet Page -2999- 6/23/2015 17.A. � o N r w the �no A D V �y0 a �ti$ oxh ah" N ti z � U W 4y4l tiO WOWp�O��'��ti Wti4 � ;� L��6 �y Wh� >3h�mpQ.•�WS"sW6W W �� pZ O� tiplT W �h0 ti _ ' c � °ul o w a w K !r � y?�t �2 ��0��hti��1�. 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